Solicitor Disciplinary Tribunal Decisions

Details for Kevin M O'Gara

Name

Kevin M O'Gara

Address

Unit 4, Level 1, the Reeks Gateway, Killarney, Co Kerry

Date of Order

08/06/2015

Decision

In the matter of Kevin M O'Gara, solicitor, formerly practising as Kevin O'Gara, Unit 4, Level 1, the Reeks Gateway, Killarney, Co Kerry, and in the matter of the Solicitors Acts 1954-2011 [8391/DT129/13 and High Court record 2015 no 25 SA]

Law Society of Ireland (applicant)

Kevin M O'Gara (respondent solicitor)

On 4 December 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

First complaint

1)   Failed to complete three conveyancing transactions,

2)   Deducted fees from moneys received for stamp duty,

3)   Failed to reply to multiple correspondence from the Society about the complaint,

4)   Failed to comply with a direction of the Complaints and Client Relations Committee on 14 September 2011 that he should furnish a full update in relation to the matter within 21 days,

5)   Failed to attend a meeting of the Complaints and Client Relations Committee on 14 December 2011, despite being required to attend;

6)   Failed to comply with a further direction of the Complaints and Client Relations Committee, as set out in detail in a letter from the Society to the respondent solicitor dated 16 December 2011,

7)   Failed to attend a meeting of the Complaints and Client Relations Committee on 28 February 2012, despite being required to attend,

8)   Failed to attend a further meeting of the Complaints and Client Relations Committee on 3 April 2012, despite being required to attend,

9)   Failed to attend a further meeting of the Complaints and Client Relations Committee on 15 May 2012, despite being required to attend,

10) Failed to attend a further meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

Second complaint

1)   Failed to reply to multiple letters from the Society in relation to the complaint,

2)   Failed to process a claim as instructed by a named client,

3)   Failed to comply with a direction of the Complaints and Client Relations Committee that he should furnish a full update in relation to the matter within 21 days,

4)   Failed to comply with a further direction of the committee, made on 14 December 2011, that he should, on or before 15 January 2012, furnish the ledger card, his letter pursuant to section 68 of the Solicitors (Amendment) Act 1994, and a copy of the bill of costs,

5)   Failed to furnish the information sought by a named client’s new solicitors,

6)   Failed to attend a meeting of the Complaints and Client Relations Committee on 28 February 2012, despite being required to do so,

7)   Failed to attend a meeting of the Complaints and Client Relations Committee on 15 May 2012, despite being required to attend,

8)   Failed to attend a meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

Third and fourth complaints

1)   Failed to comply with an undertaking dated 22 August 2008 relating to a property in Killarney in respect of named clients,

2)   Failed to comply with an undertaking dated 10 December 2007 relating to a property at Killarney in respect of a named client,

3)   Failed to reply to numerous letters from the Society,

4)   Failed to comply with a direction of the Complaints and Client Relations Committee made on 14 September 2011 that, in respect of the undertaking of 22 August 2008, he furnish a full update together with the ledger card within 21 days,

5)   Failed to comply with a direction of the Complaints and Client Relations Committee made on 14 September 2011 that, in respect of the undertaking of 10 December 2007, he should furnish a full update together with the ledger card within 21 days,

6)   Failed to respond to a copy of a letter in relation to each of these two undertakings from a named client to the Society dated 6 October 2011 when subsequently furnished by the Society to him,

7)   Failed to attend a meeting of the Complaints and Client Relations Committee on 14 December 2011, despite being required to attend,

8)   Failed to comply with a direction of the Complaints and Client Relations Committee on 14 December 2011 that, in relation to the update previously required, the committee directed that the respondent solicitor should furnish detailed information on or before 20 January 2012 in relation to the title of the properties that was the subject matter of the two undertakings,

9)   Failed to attend the meeting of the Complaints and Client Relations Committee on 3 April 2012, despite being required to attend,

10) Failed to attend the meeting of the Complaints and Client Relations Committee on 16 May 2012, despite being required to do so,

11) Failed to attend the meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

Fifth complaint

1)   Failed to comply with an undertaking in respect of a named client dated 4 November 2010,

2)   Failed to reply to numerous correspondence from the Society,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 3 April 2012, despite being required to attend,

4)   Failed to comply with a direction of the Complaints and Client Relations Committee on 3 April 2012 that he furnish detailed information on the title that was the subject matter of the complaint,

5)   Failed to attend the meeting of the Complaints and Client Relations Committee on 15 May 2012, despite being required to attend,

6)   Failed to attend the meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

Five further complaints on behalf of EBS Limited

1)   Failed to comply with an undertaking dated 27 November 2006 in respect of a named client,

2)   Failed to comply with an undertaking dated 11 May 2009 in respect of a named client,

3)   Failed to comply with an undertaking dated 24 March 2006 in respect of a named client,

4)   Failed to comply with an undertaking dated 19 May 2006 in respect of a named client,

5)   Failed to comply with an undertaking dated 25 April 2006 in respect of a named client,

6)   Failed to reply to multiple correspondence from the Society,

7)   Failed to attend a meeting of the Complaints and Client Relations Committee on 3 April 2012, despite being required to attend,

8)   Failed to comply with a direction of the Complaints and Client Relations Committee made in respect of each of the five outstanding undertakings on 3 April 2012,

9)   Failed to attend a meeting of the Complaints and Client Relations Committee on 15 May 2012, despite being required to attend,

10) Failed to attend a meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

Eleventh complaint

1)   Failed to comply with an undertaking dated 11 December 2008 to Listowel Credit Union Limited in respect of named clients,

2)   Failed to reply to numerous correspondence from the Society about the complaint,

3)   Failed to comply with a direction of the Complaints and Client Relations Committee to provide details of the precise state of the transaction within 21 days to the committee or at all,

4)   Failed to attend a meeting of the Complaints and Client Relations Committee on 3 April 2012, despite being required to attend,

5)   Failed to attend a meeting of the Complaints and Client Relations Committee on 15 May 2012, despite being required to attend,

6)   Failed to attend a meeting of the Complaints and Client Relations Committee on 26 June 2012, despite being required to attend.

The tribunal ordered that the matter go forward to the High Court and, on 8 June 2015, the President of the High Court made the following orders:

1)   That the name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   That the respondent pay to the Society the costs of the High Court proceedings and the costs of the proceedings before the Solicitors Disciplinary Tribunal, including witness expenses, to be taxed in default of agreement.